The UK’s system of employment vetting must be overhauled, according to the country’s most senior judges.

In a judgement that could have implications for recruiters, the justices of the UK’s recently created Supreme Court said there should no longer be “a presumption for disclosure” as individuals’ rights could be damaged by “unreliable” or “out-of-date” details.

The judgement goes right to the heart of the government’s vetting and barring scheme designed to protect children and vulnerable adults.

On 12 October, the latest stage of the scheme came into effect with the creation of new lists of individuals barred from working in sectors such as childcare, social work and education.

Checks on these lists, which are maintained by the Independent Safeguarding Authority (ISA) can now be made as part of enhanced Criminal Records Bureau (CRB) checks.

According to the MailOnline, Lord Hope said that in many cases disclosing details about an applicant’s private life “goes further than is reasonably necessary for the legitimate object of protecting children and adults”.

Lord Neuberger added that “soft intelligence” may constitute nothing more than “allegations of matters which are disputed by the applicant, or even mere suspicion or hints of matters, which are disputed by the applicant”.

In a separate ruling, the court ruled that where there are doubts about the information the individual affected would have the right to make representations to the police before the information is released to employers.

Andrew Thorne, chairman of the Association of Social work Employment Businesses (ASWEB), told Recruiter: “If it is the case that candidates can challenge the information held on them, the government will need to look at the whole vetting system again.

“We need an efficient vetting system that we can all believe in that really protects children and vulnerable adults rather than one based on cost,” he adds.